HomeMy WebLinkAbout5534 (2) RESOLUTION NO. 5534
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
EXECUTE AN AGREEMENT BETWEEN THE CITY OF
AUBURN AND KING COUNTY, METRO TRANSIT
DEPARTMENT RELATING TO PROJECT NO. CP1902 —
PEDESTRIAN SAFETY SIDEWALK AND ADA
IMPROVEMENTS
WHEREAS, the City is designing and constructing pedestrian improvements
throughout the City, hereinafter referred to as the "City Project"; and
WHEREAS, Metro Connects is a long range transit plan adopted by King County,
Metro Transit Department (KC Metro). Metro Connects envisions more people walking
and bicycling to transit, and makes significant investments toward that vision, including
funding for sidewalks, bikeways and other treatments; and
WHEREAS, to further the goals of Metro Connects, King County has appropriated
funds in Metro's Safe Routes to Transit Program to support capital projects that improve
safety, convenience and accessibility for people walking, bicycling and using assistive
mobility devices (such as wheelchairs or walkers) to connect to transit services and
facilities; and
WHEREAS, capital improvement projects made under the Safe Routes to Transit
Program may include sidewalks, bikeways, safe crossings, ADA ramps, traffic calming
devices and treatments, lighting, traffic counters, and other improvements that will
enhance safety, comfort and access to transit services and facilities; and
WHEREAS, the City and KC Metro have identified needed improvements at the
intersections of 37th Street SE/D Street SE and 124th Avenue SE/SE 316th Street
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July 6, 2020
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(Improvements) included in the City Project that will support and improve transit access
in the City;
WHEREAS, King County is willing to compensate the City for the City's costs to
construct the Improvements; and
WHEREAS, the City and County are authorized to enter into this Agreement
pursuant to RCW 39.34.030.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The Mayor is authorized to execute an Agreement with the King
County Metro Transit Department related to pedestrian safety sidewalk and ADA
improvements and expend funds for said agreement, which Agreement will be in
substantial conformity with the Agreement attached as Exhibit A.
Section 2. The Mayor is authorized to execute any necessary funding
authorizations, supplemental amendments, and award a construction project, expending
up to the total amount of the Project budget including Metro Funds, and to implement
administrative procedures necessary to carry out the directions of this legislation.
The Mayor is authorized to implement those administrative procedures necessary
to carry out the directions of this Resolution.
Section 3. This Resolution will take effect and be in full force upon passage and
signatures.
Resolution No. 5534
July 6, 2020
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Signed July 6, 2020.
CITY OF AUBURN
ANC CKUUS, MAYOR
ATTEST: APPROVED AS TO FORM:
13Ca v ()-Na\ls-
Shawn Campbell, MMC, City Clerk =� ra Comeau, City Attorney
Resolution No. 5534
July 6, 2020
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SAFE ROUTES TO TRANSIT PROGRAM
CAPITAL IMPROVEMENTS AGREEMENT
between
KING COUNTY, METRO TRANSIT DEPARTMENT
and
CITY OF AUBURN
THIS SAFE ROUTES TO TRANSIT PROGRAM CAPITAL IMPROVEMENTS AGREEMENT(the "Agreement") is
entered into by and between the City of Auburn, a municipality of the State of Washington (the "City"),
and King County, a political subdivision of the State of Washington,through its Metro Transit
Department (the "County" or"Metro"), either of which entity may be referred to hereinafter as "Party"
or collectively as the "Parties."
WHEREAS, Metro's adopted long-range transit plan, Metro Connects, envisions more people walking
and bicycling to transit, and making significant investments toward that vision, including funding for
sidewalks, bikeways and other treatments; and
WHEREAS,the County has appropriated funds in Metro's Safe Routes to Transit Program to support
capital projects that improve safety, convenience and accessibility for people walking, bicycling and
using assistive mobility devices (such as wheelchairs or walkers) to connect to transit services and
facilities; and
WHEREAS, capital improvement projects made under the Safe Routes to Transit Program may include
sidewalks, bikeways, safe crossings,ADA ramps,traffic calming devices and treatments, lighting,traffic
counters, and other improvements that will enhance safety, comfort and access to transit services and
facilities; and
WHEREAS,the County expects that such improvements developed under the Safe Routes to Transit
Program will help reduce collision risks and injuries involving people walking and cycling, attract more
transit riders, help more riders connect to transit without use of a personal car,thereby supporting
County objectives for equity, managing demand for car parking at transit facilities, reducing local traffic
congestion and emissions, and supporting health; and
WHEREAS,the County intends to work with local jurisdictions to fund the design and construction of
such capital projects as sidewalks, bikeways, safe crossings, ADA ramps,traffic calming devices and
treatments, lighting, traffic counters, and other improvements that will enhance safety,comfort and
access to transit services and facilities; and
WHEREAS, Metro has worked with the cities of Renton, Kent and Auburn to redesign transit service in
their cities and to identify barriers to accessing transit service; and
WHEREAS,the redesigned transit service will take effect in fall 2020; and
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WHEREAS,the County and the City have mutual interest in reducing barriers to transit service in order to
support access to transit services and facilities in the City; and
WHEREAS,the Parties have identified capital improvement project(s) that will support and improve
transit access in the City;
NOW,THEREFORE, in consideration of the mutual covenants set forth herein,the sufficiency of which is
hereby acknowledged,the Parties agree as follows:
1. PURPOSE OF AGREEMENT
The purpose of this Agreement is to establish the terms and conditions under which the County, as part
of its Safe Routes to Transit Program,will reimburse the City for a portion of the costs of the design
and/or construction of certain transit access capital improvements consisting, in summary, of
pedestrian safety improvements at specific locations(the "Project"), as more particularly described in
the Scope of Work("SOW") set forth at Exhibit A,which is attached hereto and incorporated herein by
this reference.
2. DUTIES AND RESPONSIBILITIES OF THE CITY
2.1 The City shall furnish the necessary personnel, equipment, material and/or services and
otherwise do all things necessary for or incidental to design, construct and inspect the transit
access capital improvements provided for in the Project description set forth in Exhibit A. The
Project objectives and timelines are provided for with particularity in Exhibit A.
2.2 It shall be the City's responsibility to design and build the Project in compliance with applicable
requirements of federal, state and local laws, rules and regulations, including, but not limited to,
the Americans with Disabilities Act ("ADA"). The City shall also be responsible for obtaining any
necessary permits; review and approval by federal, state or local regulatory agencies, if
applicable; and for conducting any required environmental review. The City shall also be
responsible for the administration and funding of any contracts it enters into for the
performance of its responsibilities under this Agreement.
2.3 Upon completion, all Project improvements shall become the property of the City. The City shall
be responsible for ongoing maintenance, repair and replacement of any Project improvements.
2.4 The City will provide the County with regular progress reports, at least quarterly,to identify
work progress and other matters of significance in the performance of this Agreement.
2.5 The City shall submit design plans for the Project improvements to the County for its review and
written approval prior to initiating construction. The County will have the opportunity to review
and provide written comments on the plans to ensure consistency with any applicable
requirements and the County's expectations for the Project. Should the City desire to change
the final Project design after the County's initial review and approval of the initial design plans,
whether based on additional engineering or traffic analysis, input from stakeholders, or other
factors,the County's Contract Manager, as provided for in Section 18 of this Agreement,shall be
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notified of such proposed changes. Any such changes that are deemed significant by the
County shall require joint written approval consistent with Section 15 of this Agreement.
2.6 The City shall contribute funding for the design of the Project.
3. DUTIES AND RESPONSIBILITIES OF THE COUNTY
3.1 The County will reimburse the City for a portion of the actual, eligible costs incurred by the City
for the transit access capital improvements as provided for in the SOW set forth at Exhibit A.
Under no circumstances will the County's contribution to the City's eligible Project costs exceed
a maximum amount of$175,000.00(the "Reimbursement Cap").
3.2 The County's obligation to make such reimbursements is contingent upon the City completing
design of the project, as stated in Subsection 2.6.
4. INVOICE AND PAYMENT PROCEDURES
4.1 The County will reimburse the City for actual,eligible costs incurred for work performed
pursuant to this Agreement as identified in the SOW, provided that costs incurred after
December 31, 2020 shall not be reimbursed unless this Agreement is extended pursuant to
Section 15.The City shall submit a completed invoice to the County detailing quarterly activities,
outcomes, expenses and reimbursement amount due within thirty(30) days of each quarter's
end. The County shall pay the City within thirty(30) calendar days after the County has received
completed invoices. In no event shall the total reimbursement to City for work performed
pursuant to this Agreement exceed the Reimbursement Cap provided for in Subsection 3.1 of
this Agreement.
4.2 In the event that it is determined that an overpayment has been made to the City by the County,
the County will bill the City for the amount of overpayment. The City shall pay the County
within thirty (30) days of receipt of an invoice for overpayment.
5. EFFECTIVE DATE AND DURATION OF AGREEMENT
This Agreement shall take effect upon the latest date on which both Parties have signed the Agreement
(the "Effective Date") and shall remain in effect until March 31, 2021, unless extended by written
amendment of the Parties pursuant to Section 15 of this Agreement or earlier terminated pursuant to
the provisions of Section 7 of this Agreement.
6. DISPUTE RESOLUTION PROCESS
6.1 Designated Dispute Resolution Representatives. The following individuals are the designated
representatives for the purpose of resolving disputes that arise under this Agreement:
For the County: Carol Cooper, Managing Director
King County Metro Transit Market Innovation Section
201 South Jackson Street, MS KSC-TR-0411
Seattle, WA 98104
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(206)477-5871
carol.cooper@kingcounty.gov
For the City: Jacob Sweeting, City Engineer
City of Auburn
25 West Main Street
Auburn, WA 98001
(253)804-3118
jsweeting@auburnwa.gov
6.2 The County representative and the City representative shall confer to resolve disputes that arise
under this Agreement as requested by either Party. The designated representatives shall use
their best efforts and exercise good faith to resolve such disputes.
6.3 In the event the designated representatives are unable to resolve the dispute, the City's Mayor
or her/his designee and the General Manager of the County's Metro Transit Department or
her/his designee shall confer and exercise good faith to resolve the dispute.
6.4 In the event the Mayor and the General Manager of Metro Transit are unable to resolve the
dispute, the Parties may, if mutually agreed in writing,submit the matter to non-binding
mediation. The Parties shall then seek to mutually agree upon the mediation process, who shall
serve as the mediator, and the time frame the Parties are willing to discuss the disputed issue(s).
6.5 If the Parties cannot mutually agree as to the appropriateness of mediation,the mediation
process, who shall serve as mediator, or the mediation is not successful,then either Party may
institute a legal action in the King County Superior Court, situated in Seattle,Washington, unless
another venue is mutually agreed to in writing.
6.6 The Parties agree that they shall have no right to seek relief in a court of law until and unless
each of the above procedural steps has been exhausted.
7. TERMINATION
7.1 Termination for Convenience. The County may terminate this Agreement for its convenience
and without cause upon thirty(30) days written notice to the City. In the event of termination
of this Agreement by the County pursuant to this Subsection 7.1, the County shall be liable only
for costs incurred in accordance with the terms of this Agreement prior to the effective date of
termination.
7.2 Termination for Cause. Either Party may terminate this Agreement in the event that the other
Party materially breaches this Agreement and such breach is not cured in the time provided in
this Subsection 7.2. Written notice of intended termination and a description of the breach
must be provided via certified mail by the Party terminating this Agreement to the other Party
not less than thirty(30) calendar days prior to the intended effective date of termination. The
breaching Party shall be given thirty(30) calendar days in which to cure its material breach to
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the reasonable satisfaction of the other Party. If the breaching Party fails to cure within thirty
(30) calendar days,the Agreement shall terminate on the date specified in the notice.
7.3 Termination for Non-Appropriation or Loss of Funding. In addition to termination for default,
the County may terminate this Agreement for non-appropriation or loss of funding by giving not
less than thirty(30) calendar days' written notice thereof to the City.
8. LEGAL RELATIONS
8.1 No Third Party Beneficiaries. It is understood that this Agreement is solely for the benefit of the
Parties hereto and gives no right to any other person or entity.
8.2 No Partnership or Joint Venture. No joint venture, agent-principal relationship or partnership is
formed as a result of this Agreement.
8.3 Independent Capacity. The employees or agents of each Party who are engaged in the
performance of this Agreement shall continue to be employees or agents of that Party and shall
not be considered for any purpose to be employees or agents of the other Party.
8.4 Applicable Law. This Agreement shall be governed by and construed in accordance with the
laws of the State of Washington.
8.5 Jurisdiction and Venue. The King County Superior Court, situated in Seattle, Washington, shall
have exclusive jurisdiction and venue over any legal action arising under this Agreement.
8.6 Mutual Negotiation and Construction. This Agreement and each of the terms and provisions
hereof shall be deemed to have been explicitly negotiated between, and mutually drafted by,
both Parties, and the language in all parts of this Agreement shall, in all cases, be construed
according to its fair meaning and not strictly for or against either Party.
8.7 Survival. Each of the provisions of this Section 8 (Legal Relations) shall survive the expiration or
earlier termination of this Agreement.
9. RECORDS RETENTION AND AUDIT
9.1 Maintenance of Records. During the term of the Agreement and for a period not less than six
(6)years from the date of its expiration or earlier termination, the records and accounts
pertaining to this Agreement are to be kept available by both Parties for inspection and audit by
the other Party and the State Auditor, and copies of all records, accounts, documents,or other
data pertaining to the Agreement will be furnished upon reasonable notice. If any litigation,
claim, or audit is commenced, the records and accounts along with supporting documentation
shall be retained until all litigation, claim, or audit finding has been resolved even though such
litigation, claim, or audit continues past the six-year retention period.
9.2 Disclosure of Public Records. Both Parties acknowledge and agree that all non-privileged, non-
exempt records that may be maintained pursuant to Subsection 9.1 of this Agreement are
subject to public disclosure under the Washington State Public Records Act,Chapter 42.56 RCW.
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10. FORCE MAJEURE
Either Party to this Agreement shall be excused from performance of its responsibilities and obligations
under this Agreement, and shall not be liable for damages due to failure to perform, during the time and
to the extent that it is prevented from performing by a cause directly or indirectly beyond its control,
including, but not limited to: late delivery or nonperformance by vendors of materials or supplies; any
incidence of fire,flood, snow, earthquake,or acts of nature; strikes or labor actions; accidents, riots,
insurrection,terrorism, or acts of war; order of any court or civil authority; commandeering material,
products, or facilities by the federal, state or local government; or national fuel shortage; when
satisfactory evidence of such cause is presented to the other Party to this Agreement, and provided that
such non-performance is beyond the control and is not due to the fault or negligence of the Party not
performing.
11. NONDISCRIMINATION
The City agrees to comply with all applicable federal,state, and local laws, rules, and regulations
pertaining to nondiscrimination and agrees to require the same of any and all subcontractors providing
services or performing any work using funds provided under this Agreement. During the performance of
this Agreement, neither the City nor any entity subcontracting under the authority of this Agreement,
shall discriminate or tolerate harassment on the basis of sex, race, color, marital status, national origin,
religious affiliation, disability, sexual orientation, gender identity or expression or age except by
minimum age and retirement provisions, unless based upon a bona fide occupational qualification, in
the administration or delivery of services or any other benefits under this Agreement. King County Code
Chapter 12.16 and 12.17 are incorporated herein by reference, and such requirements shall apply to this
Agreement.
12. INDEMNIFICATION
The City and its successors and assigns shall protect, save, defend, indemnify and hold harmless the
County, its elected officials, officers, employees, and agents while acting within the scope of their
employment as such,from any and all costs, claims, actions,judgments, and/or awards of damages or
expenses of any nature whatsoever, arising out of or in any way resulting from the City's acts or
omissions under this Agreement. The City agrees that it is fully responsible for the acts and omissions of
its contractors,subcontractors, consultants, and their employees and agents, acting within the scope of
their employment as such, as it is for the acts and omissions of its own employees and agents. The City
agrees that its obligations under this provision extend to any claim,demand, and/or cause of action
brought by or on behalf of any of its employees or agents. The foregoing indemnity is specifically and
expressly intended to constitute a waiver of the City's immunity under Washington's Industrial
Insurance Act, RCW Title 51, as respects the County only, and only to the extent necessary to provide
the County, its elected officials, officers, employees, and agents with a full and complete indemnity of
claims made by the City's employees. The Parties acknowledge that these provisions were specifically
negotiated and agreed upon by them. The provisions of this Section 12 shall survive the expiration or
earlier termination of this Agreement.
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13. WAIVER
A failure by either Party to exercise its rights under this Agreement shall not preclude that Party from
subsequent exercise of such rights and shall not constitute a waiver of any other rights under this
Agreement unless stated to be such in a writing signed by an authorized representative of the Party and
attached to the original Agreement.
14. SEVERABILITY
If any provision of this Agreement or any provision of any document incorporated by reference shall be
held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given
effect without the invalid provision, if such remainder conforms to the requirements of applicable law
and the fundamental purpose of this Agreement, and to this end the provisions of this Agreement are
declared to be severable.
15. CHANGES AND MODIFICATIONS
This Agreement may be changed, modified, or amended only by written agreement executed by
authorized representatives of both Parties.
16. REPRESENTATION ON AUTHORITY OF SIGNATORIES
The signatories to this Agreement represent that they have the authority to bind their respective
organizations to this Agreement.
17. ALL TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the Parties. No other
understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to
exist or to bind any of the Parties hereto.
18. CONTRACT MANAGEMENT
All contact information for the management of this Agreement shall be identified herein and may be
updated by either Party for their agency only and shall be submitted in writing or electronic mail to the
other Party. Any update to the Contract Managers shall state the effective date of said update.
Contract Manager for City of Auburn King County
Contact Name Jeff Bender Malva Slachowitz
Title Project Engineer Senior Transportation Planner
Address 25 West Main Street 201 South Jackson Street, KSC-TR-
Auburn, WA 98001 0411,Seattle,WA 98104
Telephone 253-204-0842 206-477-5873
Email jbender@auburnwa.gov malva.slachowitz@kingcounty.gov
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DocuSign Envelope ID:7850A5BC-82D9-4F79-B0F5-9DC228D624EC
19. ASSIGNMENT
Neither this Agreement, nor any interest herein, may be assigned by either Party without the prior
written consent of the other Party.
20. EXECUTION OF AGREEMENT-COUNTERPARTS
This Agreement may be executed in two (2) counterparts,either of which shall be regarded for all
purposes as an original.
IN WITNESS THEREOF the Parties hereto have executed this Agreement by duly authorized
representatives on the dates shown below their respective signatures.
KING COUNTY CITY OF AUBURN
,-DocuSigned by:
By: Rob Gannon By:
551473A07A54447 oral Manager ancy Ba s, Mayor
King County Metro Transit Department City of Aub n
Date: 7/17/2020 Date: 1 • (0,•
geD
Attest:
Shawn Campbell,City Clerk
Approved as to form:
�CgL,eg ,l tT
-E6O _Kendra Comeau,City Attorney
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19. ASSIGNMENT
Neither this Agreement, nor any interest herein, may be assigned by either Party without the prior
written consent of the other Party.
20. EXECUTION OF AGREEMENT—COUNTERPARTS
This Agreement may be executed in two (2) counterparts, either of which shall be regarded for all
purposes as an original.
IN WITNESS THEREOF the Parties hereto have executed this Agreement by duly authorized
representatives on the dates shown below their respective signatures.
KING COUNTY CITY OF AUBURN
By: By:
Rob Gannon, General Manager ancy Ba ` s, Mayor
King County Metro Transit Department City of Aub n
Date: Date: 1 ` gal e
Attest:
—
Shawn Campbell,City Clerk
Approved as to form:
c'c--ThztvALANs p
-.,_Kendra Comeau, City Attorney
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EXHIBIT A
SCOPE OF WORK
SAFE ROUTES TO TRANSIT PROGRAM CAPITAL IMPROVEMENT AGREEMENT
1. Purpose
a. To design and construct pedestrian safety and access improvements at locations
described in Section 3 for access to public transit services.
2. Scope of Services
a. Project Management:The City will manage the project using professionals with capital
project experience. Budget and schedule will be monitored regularly throughout design and
construction. The City will provide the County with progress reports at least quarterly, per
Subsection 2.4 of this Agreement.
b. Design:The City will be responsible for completing design and developing the bid
documents. The project will be permitted as a capital project with the City as the lead
agency for SEPA.The City has determined that this project is categorically exempt from SEPA
per Washington Administrative Code (WAC) 197-11-800(2)d vi,vii, and ix.
c. The City shall submit design plans for the Project improvements to the County for its review
and written approval prior to initiating construction, per Subsection 2.5 of this Agreement.
The County will provide any review comments within 7 calendar days.
d. Construction:The City will bid the project and monitor construction through completion.
e. Inspection: Existing City staff or a consultant project manager will provide construction
inspection services,with third party support for specific specialties if needed.
f. Monitoring and Reporting:The City will submit quarterly progress reports during design and
construction.The City and Metro will share relevant available data to monitor usage of the
projects after completion and annually for four years following completion.
3. Projects to be completed
Location (intersection or Improvements Phase(s)to be expensed
corridor with extents) under this agreement in
2020
SE 316th St& 124th Ave SE Ramps, sidewalk with ADA Construction
pad at NB bus stop, roadway
channelization, and RRFB
D St SE&37th St SE Ramps, sidewalk, and RRFB Construction
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4. Schedule
Project milestones below represent work to be completed under this Agreement. Costs incurred
after December 31, 2020 shall not be eligible for reimbursement under this Agreement unless
extended pursuant to Section 15.
The project milestones are estimated as follows:
Milestone Month/Year
Begin construction SE 316th St& 124th Ave SE 8/2020
Begin construction D St SE &37th St SE 8/2020
Complete construction SE 316th St& 124th 12/2020
Ave SE
Complete construction D St SE &37th St SE 12/2020
Estimated opening for public use 1/2021
5. Budget
Phase King County Funds City-secured Funds Project Total
Design $0 $13,000 $13,000
Construction $162,000 $0 $162,000
Est Total $162,000 $13,000 $175,000
Contingency Up to$13,000 n/a Up to$13,000
Total $175,000(cap from n/a Up to$188,000
King County)
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